Markert v. Equitable Life Assurance Society

On February 12, 1935, the Equitable Life Assurance Society of the United States filed suit against Frederick E. Markert, to recover principal, interest and attorney’s fees alleged to be due on a promissory note dated July 1, 1930, praying for a special lien on certain land described in a deed given to secure the debt evidenced by the. note and bearing the same date as the note. On March 4, 1935, the defendant filed his answer admitting the principal debt, with interest thereon, but denying liability for attorney’s fees. On May 7, 1935, while the suit was still pending, the plaintiff exercised…